The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1887-12-14

merely rs a pledge to secure loan
Conway Alexander Crancl., I239
Had there been any conversation respecting loan
mortgagehe deed might have been with more reason con
ty appearance assumed But there such con-
verson The parties met and treated upon the ground OF sale
and not of mortgage
Jones Mortg., Z 25l
er any right that has exception is made in favor of
"debtor who have mortgaSed their property Tor the reason
sons in order to raise money When money
security of his he no" aoysd by any form of
Holmes v Grant, S.. Paige 25s:
made upon an application for the loan of money this Court
purpose preventing cxtortiou Will conrue 1t
pe for the oa made agrees to receive back money
vanced with legal interest larger amount and reeonvey
the form written contract it is apparent that the
"Ss 1. tans1ftjpR MapRns Has s 3fn m G sl5 G0"ey
When party at public land sale by the Government
e haa nY nae pafG Mrp thereon bid off his Claims
"and advance the money at twenty per cent per anu anu
sss the title i" '''"H """s' held ''" sue" contract
Smith: " sackett Is Ill. 52s:
amsn so Of "pa p"b and % and desired enter them public
sale and bnf for that an e 3 S @ fGf aHd
his note eror the requisite with anG r9etgmS nu
for a. and g on % M S eneed d
lands in his name and gave bond for title upon pay
onsd n ha 0 sp and y Should pay DIS note to discharge
to that the bond and that % s hd er part peG
sustained the relation Of m to A. and
Locke VS.. Palmer, 6 Ala., 5lz:
The Palme who partners obtained from Locke & @
months afterwards executed to them defeaanc Whch
gfd iss t s exssuon e y @ that
or their assigns should OF before January repay m
@ as1 he sS %f"S @
maned possession of Pamers for more t man, Two SeM M @ S
rv Vent into the hands of Lockes executor he oil TO redee
was fled in 1852 This Court affirming the decree OF the tha
the
security and sale of the property with conaon TO re
WHICH enable Court with anything like positive certainty
determine whether mortgage or % @ @ aWays to lean
aoan the latter for that error which
the hc S e sale
in to the fact that the paef n Ir f the 6 seller without
hire the Court proceeded add a of these and especially the
the property rGmaning DhIoa ss Wth the seller are
r+ E;tv will enforce the specific performance of the con-
tract made between parties by which Brownee agreed to ac
cent ctST' the i Home Place for the debt. . ...es
cep Thls to Re It out Of the Statute Of
The plaintiff does deny toto, this contract but alleges
fo he the poviso oa that MI Mrs. +b om
should @ nS her & a%s @ eond d Performed
to III Holland: ,out .,,o. .,o nror;so ,.s in
.sa Gann ihs fS F the srownee oxG renounc
condition which Equity Will relieve uea harpef 81
and gqys him Ss pan S H9% mo
W. sduanaeeous condition. he has right to conpan and
equity will enforce specific performance
The thing desired by him was possession Of the @
Place that he might conummate the proposed aae WIN
land The of dover by his wife was OF no an
tae n him All the benefits to be received by him from the
contract We're received namely: the possession OF the Home
place and the sale Holland and the OF MS con-
tract though the dover be unrenounced cannot possibly ue
the plaintiff 49,, ,,u+;,s 70 boro ;neic+od
on the renunciaton of Dover by Mrs Brownee but was GER
tanIv no matter of concern to Brownlee. ,
the perormee of the condition cannot be put INTO
nobt essentially the same at least as the
Condition had been performed equity does not nterpose
0 ~ 2 Minor Inst. 26l q Ed)
"To sustain an action at law, performance as we nave SEEM
must be averred according to the terms OF the contract
Ennv on the other hand, demands such rlgor and II
Notwithstanding the plaintiff IS default it be conscientious
that the agreement should be performed will be decreed a
I" "cordingly." =, 200
The condition that rownee should renounce her doW-
or s at most an independent agreement the part OF the e
When from consideration of the whole Instrument it is
clear that the one party relied upon his remedy and not
pon the the condition by the other such per-
formance is not a condition precedent"
2 Benj Sales, 73S.
Although may refuse to perform his promise I'LL the
other party complied with condition precedent yet II
he has and accepted substantial part of that when
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